Earlier this month, the mother of a four-year-old epileptic girl went to fill her daughter’s prescription and was given the medication. According to a local news source covering the incident, the young girl takes two prescriptions for her condition, one of which is Clobazam and anti-epileptic. The girl’s doctor prescribed she take 10 mg of medication that contains five ml of the active drug. However, the pharmacy provided the girl’s mother with a medication that only contains 2.5 ml per 10 mg dose. The result was that the girl was only getting half of her required medication.

Ten days after the prescription was picked up, the girl had her first seizure. Since then, she has been unable to sleep through the night and has had several subsequent seizures. The mother told reporters that the pharmacy not only provided the wrong medication but also placed their own label on the manufacturer’s label, making the error harder to detect. It was not until a doctor at the hospital asked to see the bottle that the error was discovered.

In an interview with reporters, the girl’s mother explained that she “can forgive the initial mistake, but everything has to be seconded and signed off, and I can’t forgive whoever seconded it as they clearly didn’t do their job.”

In response to the mother’s formal complaint, the General Pharmaceutical Council told her that the pharmacy error will not be further investigated, since there is not a sufficient link between the error and her daughter’s subsequent seizures.

Proving Causation in Pharmacy Error Cases

Whenever a pharmacist makes a mistake in filling a patient’s prescription, it may result in the patient developing a new disease or disorder or potentially exacerbate a pre-existing condition. In either case, the victim of the error may be entitled to monetary compensation. However, before any compensation is ordered by the courts, a pharmacy error victim must be able to prove that their condition was caused or worsened by the error. A failure to prove this essential element will result in the case being dismissed for lack of evidence.

The assistance of a dedicated personal injury attorney can be critical in these cases, since proving causation in most pharmacy error cases requires medical expert testimony to help establish the necessary link between the error and the patient’s new or worsened condition.

Have You Been a Victim of a Pharmacy Error?

If you or a loved one has recently been a victim of a pharmacy error, you may be entitled to monetary compensation. The skilled personal injury and wrongful death attorneys at the Maryland-based law firm of Lebowitz & Mzhen Personal Injury Lawyers have decades of experience holding negligent pharmacists responsible for the harm and injuries they’ve caused. Call 410-654-3600 today to set up a free consultation to discuss your case with a dedicated pharmacy error attorney.

All of the cases identified in the Lebowitz & Mzhen Personal Injury Lawyers website under Our Successes are cases that Lebowitz & Mzhen Personal Injury Lawyers has handled for its clients, sometimes with co-counsel. Lebowitz & Mzhen Personal Injury Lawyers does not represent any of the clients in cases mentioned in our blog. Our law firm is reporting on current events that will likely be of interest to our readers. The content provided is not intended as legal advice.

Our past results are not a guarantee of future results, and they should not be used to predict an outcome in any future case or matter. The merits of each case must be determined based upon the facts and the applicable law of each particular case. Lebowitz & Mzhen Personal Injury Lawyers is a law firm with lawyers licensed to practice law in the State of Maryland, and a lawyer licensed to practice law in Washington, D.C.